SCOTTIE DALE FAGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*215] PER CURIAM.
Fagan was found guilty of various criminal offenses, including possession of a firearm while engaged in a felony. Fagan was prevented from having the arresting officer testify as to an exculpatory statement made by Fagan at the time of his arrest. Fagan makes this a point of his appeal. We affirm. No abuse of discretion or error of law has been made to appear. The statement was clearly hearsay inasmuch as Fa-gan chose not to testify at his trial. Sections 90.801(l)(b), (c) and 90.801(2), Florida Statutes (1981). It did not fit into any of the three exceptions, namely, res gestae, statement against penal interest and admissions of a party opponent. The statement was made a substantial time following the commission of the offense without indicia of spontaneity or excitement. It was exculpatory and self-serving rather than contrary to Fagan’s interests. There was no corroboration or other basis for its truthfulness and reliability. Its admission would be contrary to the rules of evidence.
The parties agree and we agree that this case must be remanded to the trial court with instructions to either relinquish jurisdiction over the first third of Fagan’s sentence or to state with individual particularity the justification for retaining jurisdiction. Section 947.16(3)(a), Florida Statutes (1981); Oliver v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982).
Affirmed and remanded with instructions.
ANSTEAD, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Christopher v. State, 583 So. 2d 642 (Fla. 1991)…awsuit. On the other hand, Christopher could not through Norma’s testimony introduce his statements to Norma about the murder-suicide because the statute does not allow a party to introduce his own exculpatory hearsay statements. See Fagan v. State, 425 So. 2d 214 (Fla. 4th DCA 1983) (defendant’s self-serving hearsay statement inadmissible). Therefore, unless this testimony was admissible under the rule of completeness, the testimony was inadmissible. The rule of completeness is codified in section 90.108, F…
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Cotton v. State, 763 So. 2d 437 (Fla. 4th DCA 2000)…it is.” I do not quarrel with the fact of authority to support the decision. See, e.g., Christopher v. State, 583 So. 2d 642 (Fla.1991) (“the statute does not allow a party to introduce his own exculpatory hearsay statements.”); and Fagan v. State, 425 So. 2d 214 (Fla. 4th DCA 1983) (defendant’s exculpatory statement to arresting officer not admissible as hearsay and not covered by exceptions for res gestae, statement against penal interest and admissions of a party opponent). I rather challenge its wisdom.…1 / 3
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Guerrero v. State, 532 So. 2d 75 (Fla. 3d DCA 1988)…fendant’s out-of-court self-serving exculpatory statements are inadmissible hearsay. Moore v. State, 530 So. 2d 61 (defendant’s self-serving exculpatory statements are inadmissible hearsay), on rehearing (Fla. 1st DCA Aug. 31, 1988); Fagan v. State, 425 So. 2d 214 (Fla. 4th DCA 1983) (officer’s testimony of defendant’s exculpatory statements at time of arrest is inadmissible hearsay); Watkins v. State, 342 So. 2d 1057 (Fla. 1st DCA) (same), cert. denied, 353 So. 2d 680 (Fla.1977). See also Logan v. State, 511…
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- Oliver v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982)
- Tsavaris v. State, 414 So. 2d 1087 (Fla. 2d DCA 1982)